Berkeley imposed one of California's longest local eviction moratoriums during the COVID emergency, finally sunsetting in August 2023 with continuing protections for pandemic-era rent debt.
Berkeley City Council adopted Urgency Ordinance 7706-NS in March 2020, suspending most evictions for the duration of the local emergency. The moratorium covered nonpayment, no-fault, and most just-cause grounds with narrow safety exceptions. Council voted to end the local emergency on August 31, 2023, sunsetting the moratorium. Tenants who accrued arrears between March 2020 and April 2022 retain a permanent affirmative defense against eviction for that debt under Civil Code 1942.5 and local provisions. Landlords retain civil collection rights for the underlying balance.
Filing eviction during the moratorium triggered case dismissal and tenant attorney fee awards. Post-sunset, ignoring the COVID arrears defense exposes landlords to wrongful eviction claims.
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